8.3 Best Practices to Avoid Misconduct
Key Takeaways
- Verify identity with a current government ID, personal knowledge, or a credible witness before every act
- Require personal appearance for every traditional act; use RON only when properly authorized
- When in doubt about identity, willingness, or completeness, refuse the notarization
- Keep a complete, contemporaneous journal and store the journal and stamp securely
- The maximum Colorado notary fee is $15 per document, and never give legal advice
Identity, Appearance, and Lawful Fees
Most misconduct findings trace back to one of three failures: weak identity verification, no personal appearance, or sloppy records. Build habits around all three.
Verifying Identity
Colorado lets you establish identity three ways: personal knowledge of the signer, a current government-issued photo ID, or the oath of a credible witness who knows the signer. Check the ID like a professional:
| Practice | What to Do |
|---|---|
| Examine security features | Holograms, microprint, raised text |
| Match the photo | Face and description fit the signer |
| Check validity | ID is current (or recently expired within the period the law allows) |
| Look for alteration | Lamination lifts, mismatched fonts, erasures |
| Record it | Note ID type and verification method in your journal |
Personal Appearance — No Exceptions
The signer must appear before you in real time. Never notarize from a phone call, a pre-signed mailed document, or a photo of a signature. The single lawful alternative is Remote Online Notarization (RON) by a Colorado RON-authorized notary on an approved platform.
Lawful Fees
A Colorado notary may charge up to $15 per document for a traditional notarial act and up to $25 for applying an electronic signature, but a notary may also choose to charge nothing. Overcharging beyond the statutory cap is itself misconduct, so know the number.
Recordkeeping and When to Refuse
Journal Discipline
A contemporaneous journal is your best defense if a notarization is ever challenged. Best practices:
- Record immediately at the time of the act — never reconstruct later from memory.
- Be complete: date, time, type of act, document description, signer name, and identity method.
- Never use white-out; line through an error once so the original remains legible, and initial it.
- Store the journal securely and keep a backup of any electronic journal.
Refusing the Right Way
Refusing is not rudeness — it is a duty. Refuse whenever you cannot satisfy the law.
| Situation | Action |
|---|---|
| Suspicious or expired ID | Refuse |
| Signer seems coerced | Refuse |
| Blank or incomplete record | Refuse or have it completed |
| You have a direct interest | Refuse |
| You cannot communicate with the signer | Refuse |
| Any genuine doubt | Refuse |
How to refuse professionally: stay calm and courteous, state the reason plainly, suggest an alternative (another notary, completing the document), and document the refusal in your journal. A notary may not refuse for discriminatory reasons, but may always refuse for any lawful concern about the act itself.
Staying on the Right Side of the Law
Avoiding the Unauthorized Practice of Law
Keep your role narrow. You complete certificates and verify identity; you do not advise.
| Do | Don't |
|---|---|
| Complete the notarial certificate | Choose which form the customer needs |
| Explain how the notarization works | Explain the legal effect of signing |
| Refer to an attorney | Recommend a specific legal course of action |
| Identify yourself as a notary | Draft or prepare the document |
Common pitfalls that are all legal advice: "This form should work for your situation," "Sign here to transfer ownership," "You really need a power of attorney," or "Let me fill in those blanks for you."
Securing Your Stamp and Seal
Your stamp is your authority — treat it like a credit card. Store it in a locked drawer, never lend it, report theft or loss to the Secretary of State promptly, and deface or destroy it when your commission ends or you resign.
Red Flags Checklist
| Red Flag | Possible Problem |
|---|---|
| Unusual urgency or pressure | Fraud |
| Reluctant or fearful signer | Coercion |
| ID that does not match | Impersonation |
| Missing or inconsistent details | Improper or fraudulent act |
| Request to backdate | Fraud |
A One-Minute Pre-Notarization Routine
The best protection against a misconduct complaint is a habit you run every single time, in the same order, so nothing is skipped under pressure. First, confirm the signer is personally present. Second, verify identity by personal knowledge, current photo ID, or a credible witness, and note the method. Third, scan the document for blanks in the text and refuse if material spaces are empty. Fourth, take a moment to read the signer's willingness — calm, voluntary, aware — and watch for coercion or confusion. Fifth, complete the correct notarial certificate and apply your stamp. Sixth, make the journal entry immediately.
Seventh, collect no more than the lawful fee.
Notice what is missing from that routine: at no point do you read the document for its meaning, advise the signer, or decide which form they should use. Those steps belong to the signer and their attorney. By keeping your routine purely procedural, you stay inside your authority, build a defensible record, and almost never trip a prohibited act. If any step cannot be completed honestly, the routine ends the same way every time — you decline and refer the signer elsewhere.
On the Exam
- When in doubt, refuse.
- Never give legal advice or pick documents.
- Journal every act immediately and store records and stamp securely.
- The fee cap is $15 per document ($25 electronic).
- Personal appearance is mandatory unless you are doing authorized RON.
A customer asks a Colorado notary to explain what legal effect signing a power of attorney will have. What should the notary do?
What is the maximum fee a Colorado notary may charge for a traditional notarial act on a single document?